Dear Editor,
The name of the game is delay, delay, delay. That’s the strategy
of many criminal defendants. Victims’ and witnesses’ memories fade,
they move away, and sometimes they die.
DA Dolores Carr and staff deserve credit for pursuing tow truck case
Dear Editor,
The name of the game is delay, delay, delay. That’s the strategy of many criminal defendants. Victims’ and witnesses’ memories fade, they move away, and sometimes they die.
Criminal defendants exploit this by engaging in various tactics designed to delay their trials as long as possible, hoping maybe the case against them will just go away. One of these tactics involves the repeated hiring, firing, and rehiring of defense attorneys.
Recently, one of the defendants in the tow-scam case, Vincent Cardinalli, Sr., asked the court that he be allowed to fire his second attorney and represent himself. The court had no choice but to grant the request. Now Cardinalli will say he needs several months to review the tens of thousands of pages of documents in the case, all of which will be printed, stored, and carted around at taxpayers’ expense while he sits in jail costing taxpayers even more money.
No one knows how long this could go on, but we all know it provides no relief to the victims. In light of the 160-plus felony charges Cardinalli, his son Paul S. Greer, two family members, and a process server are facing, these delay tactics should come as no surprise. They were gaming the system before, so there’s no reason to expect anything different now.
The charges allege the defendants orchestrated a scheme whereby they repeatedly and knowingly filed small claims lawsuits against innocent citizens who were not responsible for the claims asserted against them. These charges are consistent with the 2007 decisions of two Santa Clara County Superior Court judges.
In April 2007, Judge Teresa Guerrero-Daly declared Greer to be a vexatious litigant (someone who repeatedly files frivolous lawsuits.) Then, in August 2007, Judge James P. Kleinberg declared Cardinalli to a vexatious litigant as well. Respectively, the judges found that Cardinalli and Greer engaged in a pattern of fraudulent and deceitful conduct in which they sued people for allegedly unpaid towing and storage charges despite knowing those people didn’t own the cars when they were towed and, in some cases, never owned the cars at all.
The charges also allege the defendants conspired to file false proofs of service with the courts, meaning they swore under penalty of perjury they had delivered the court summons to the people they sued, but in reality they had not, so the people never showed up to court and lost by default. Cardinalli and Greer would then begin collection actions against these innocent people by getting a court order allowing them to levy the victims’ bank accounts and garnish their wages.
Imagine how you would feel if this happened to you. What would the stress and financial loss do to your family? Imagine if you lost a lawsuit for $2,500 in towing and storage charges for a car you never owned or had sold to someone else five years ago. Imagine if one day your bank account was thousands of dollars short (or empty) because you lost a lawsuit you never knew about.
You would definitely feel cheated, and you would probably lose your faith in the justice system. That is why the prosecution of this case is so important.
Unlike most ordinary criminal cases, this tow-scam case goes to the heart of the integrity and fairness of the justice system. Few crimes are worse than someone using the coercive power of government as a tool to steal from innocent people. When that happens, none of us is safe.
Perhaps more importantly, when the mechanisms of government are turned against the People, it causes all of us to lose faith and confidence in a system that was designed to protect and serve us. A strong deterrent must be sent to any other wrongdoers who might consider trying this type of thing. This case takes a bold step in that direction.
To ensure justice is served, we rely on the skill, talent, resolve, and steadfastness of our District Attorneys to see these cases through to the end. They are the defenders of the public trust. This is why District Attorney Dolores Carr should be given a tremendous amount of credit for her efforts in pursuing the case this far, and we should applaud her efforts in staying the course and seeing this case through to the end.
There will be bumps and delays along the way, but nothing worth having ever comes easily. For thousands of people – myself included – this case has restored our faith in the system. In these tough times, you can’t put a price tag on that.
Greg Adler, Fairfield
The Golden Quill is awarded occasionally for a well-written letter.
It’s not discrimination, it’s about ‘fear and pain’ for the animals
Dear Editor,
This is in response to Guillermo Garcia Duarte’s assertions that the proposed county ordinance against abusive treatment of animals is based on discrimination.
People look for discrimination or use accusations of it for an assortment of reasons. When it’s a choice between a historic cultural activity and protecting animals from abuse, there’s no question that protecting animals is far more important. Using other creatures to entertain humans despite the fear and pain the animals experience is not something that should continue.
The proposed ordinance is not anti-Mexican. Its purpose is to protect animals from abusive behavior. There are many other positive ways that Mexicans can celebrate and promote their culture.
Iris Lubitz, Gilroy
Hoping for BART to San Jose passage of Measure B
Dear Editor,
In response to the article “BART measure barely short”, I’m hoping Measure B passes. The reason being is it will reduce dependence on foreign oil and gas prices. Although, it will authorize a one-eighth cent sales tax it will benefit everyone in the future. Not only will it benefit commuters but it will create more job opportunities.
As we know many job opportunities are in bigger cities such as Silicon Valley and San Francisco, which can make it easier for commuters to travel and look for jobs. By passing this measure construction workers and maintenance workers will also have an opportunity to get work. We need to think about the future and what is best for the Bay Area.
Vanessa Diaz, Gilroy
‘Adding on’ to Village Green just means more sprawl
Dear Editor,
This letter is In response to the article titled “Potential development irks Village Green residents.” I think a local farm would suit the needs of the community, and provide more benefit than yet more Gilroy urban sprawl, or yet another hospital that local residents without healthcare cannot afford. Unless it’s truly a nursing home, I don’t see any benefit. All I see is developers walking away with even more money, and showing complete disregard to the community that they are supposed to be supporting.
I understand that growth is necessary, but nobody comes to Gilroy to look at housing or business roofs. I came to Gilroy simply because it was a small town, and had plenty of beautiful farms. If I wanted to live in suburbia, I would of moved to San Jose, or San Francisco.
“You can’t be against progress; you can’t be against growth. But you’ve got to use some common sense and be reasonable in the way you approach growth. When you’ve got the best land in the world, land that’s capable of raising the best livestock and crops, once you put it under concrete, you can never reclaim it.” – Ex-Kentucky Governor Brereton Jones
Charles Mattson, Gilroy
9% on top of your vet bill in governor’s budget proposal
Dear Editor,
The governor is proposing a 9 percent tax on veterinary services to begin Feb. 1, 2009. I am a full-time student, working full-time. I live paycheck to paycheck. I have rescued a dog from someone who was neglecting her in Gilroy. I knew what I was getting into. Pet care is expensive.
I am asking readers to join me in asking the governor not to make it more expensive by taxing my charitable act of caring for this animal. I am keeping a dog out of a shelter, saving taxpayers’ money.
“Subjecting complicated veterinary medical procedures and treatments to taxation would be the same as taxing health care for children,” says William Grant, president of the CVMA. “What will happen to the sick or injured pets of people already struggling with potential home foreclosures and job losses? How much more heartbreak is it fair to ask?”
Many pet owners have been forced to surrender their pets to shelters, increasing euthanasia rates. Many shelters are already filled to capacity. Another fear is that pet owners will not be able to spay or neuter their companion animals.
This must pass by a 2/3 vote in the state assembly and senate. Please contact the governor and your legislative representatives and voice your opposition to the tax on veterinary services.
Jayne Steinmetz, San Jose
Pen a new law and send it in to Senator Joe – quickly
Dear Editor,
Notwithstanding the focus on the recent exciting election, scores of my constituents have already submitted entries for my eighth annual “There Oughta Be A Law” contest, where I invite Californians to submit their suggestions for new laws.
However, I want to give anyone preoccupied by the just concluded campaign season a little more time to submit a proposal, so I’ve extended the contest deadline to Monday, Dec. 1.
The “prize” is the satisfaction of knowing that your winning entry can affect the lives of 38 million Californians. Applications are available at www.senatorsimitian.com or at (408) 277-9460.
State Sen. Joe Simitian, Palo Alto
